DUmmies Discuss Open Container Laws

[GOBUCKS]

DUmmy no_hypocrisy just got busted for DUI, and decided to run to the DUmp for legal advice. There's some logic in that, since a high percentage of DUmpmonkeys have experience with the legal system as it pertains to alcohol consumption. But DUmmy no_hyprocrisy decides to pose as an attorney:

no_hypocrisy  (1000+ posts)      Sun May-08-11 02:52 PM
Original message
You're driving sober with empty bottles of alcohol on the back seat that you're going to recycle.
You didn't drink any of the contents in the motor vehicle. The alcohol was consumed at your home.

You get a ticket for open container of alcohol in a motor vehicle.

Should you be convicted? Should the standard be simple: either the bottle was unsealed or it was sealed? Or should it matter you were hauling garbage?

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=105x9684416

warrior1  (1000+ posts)      Sun May-08-11 02:55 PM
Response to Original message
1. Open container of alcohol vs empty containers?
that's your question?

No, they won't give you a ticket. That would be ridiculous. 

no_hypocrisy  (1000+ posts)      Sun May-08-11 03:00 PM
Response to Reply #1
3. All empty. But obviously "open" in order to be empty.
Yeah, dickhead cop gave my client a ticket.

Thought I'd run my defense by you.

"Dickhead cop" is a lawyering term that avoids using those dickhead Latin words we all hate. 
 

blueamy66  (1000+ posts)        Sun May-08-11 02:56 PM
Response to Original message
2. If the containers are empty, there is no alcohol in them...
therefore, no open container of alcohol.

Only a dickhead cop would cite someone for that.

   
Have you ever noticed? That's the only type of cop a DUmp democrat ever runs into.

Chan790 (1000+ posts)        Sun May-08-11 03:13 PM
Response to Original message
6. jurisdiction?
It might be ridiculous but here in MD, empties are open containers. You've got to put them in the trunk. VA is better though, you can have open containers in the passenger compartment as long as (open containers=total occupants-1 and the driver passes a sobriety test.) That is, everybody can have an open container (and be drinking) except the driver, though empties still count as open.

Whenever a DUmbass is arrested, there's always a political connection:

taterguy  (1000+ posts)        Sun May-08-11 03:34 PM
Response to Original message
8. Sounds like the client did something else that was legal but annoying
Are there bumper-stickers involved? Maybe it's a First Amendment issue that you can appeal all the way to the Supreme Court.

 
 

no_hypocrisy  (1000+ posts)      Sun May-08-11 03:42 PM
Response to Reply #8
9. Here's the thing. The cop wanted to get him on ANYTHING.
Made him take a Breath-A-Lyzer. He was a 0.2 and illegal level is 0.8. So couldn't get him on DUI and decided to search (with consent) my client's car.

Well, DUmmy, at 0.2 you are intoxicated. At 0.8 you are dead. Don't know your blood alcohol level, but you are brain dead. Maybe you're a dickhead attorney.

Hassin Bin Sober (1000+ posts)      Sun May-08-11 03:44 PM
Response to Reply #9
11. Are you an attorney?

Or are you a DUmmy fresh out of the drunk tank?
 

no_hypocrisy  (1000+ posts)      Sun May-08-11 03:44 PM
Response to Reply #11
12. yes

Right. Call DUI-DUmmy. Many attorneys consult with the lunatics and addicts of the DUmp when faced with a difficult case.
Larry L. Burks has been the salvation of many an innocent man.
 

taterguy  (1000+ posts)        Sun May-08-11 04:13 PM
Response to Reply #9
17. Sounds like the client answered "No" when asked if he had been drinking
Cop didn't believe him and gave him a Breathalyzer.

Results showed a slight amount of alcohol but cop might be pissed because client denied drinking.

Moral of story: Do not lie to cops if it's something they can easily verify.

Cops almost always have discretion about whether or not to write a citation. Never give them a reason to write you one.

 
DUmmy taterguy obviously spends a lot of time practicing touching his nose with his index finger while walking toe-to-heel.


Some DUmbass actually looked up a statute.

rug  (1000+ posts)        Sun May-08-11 03:45 PM
Response to Original message
13. N.J.S.A. 39:4-51a. Consumption By Operator Or Passenger.
 a. A person shall not consume an alcoholic beverage while operating a motor vehicle. A passenger in a motor vehicle shall not consume an alcoholic beverage while the motor vehicle is being operated. This subsection shall not apply to a passenger of a charter or special bus operated as defined under R.S.48:4-1 or a limousine service.

Yet another DUmmy looks up a statute. They really believe the drunken OP is an attorney.

struggle4progress  (1000+ posts)        Sun May-08-11 04:32 PM
Response to Reply #16
18. 51b says:
"the contents of the alcoholic beverage have been partially consumed and the physical appearance or conduct of the operator of the motor vehicle or a passenger may be associated with the consumption of an alcoholic beverage"

pitohui (1000+ posts)       Sun May-08-11 10:12 PM
Response to Original message
22. did this happen in texas? i was warned not to do that there
i was told that even if you have a SEALED bottle, put it in the truck

That does no good when you keep your weed in the car.

dembotoz (1000+ posts)      Mon May-09-11 10:23 AM
Response to Original message
23. fulls or empties always in the trunk--i have no luck -ever
hatchback--guess you are screwed.
in wisconsin one of the senators being recalled is calling for greater and greater dui punishements
perhaps when we recall walker they will push for crucifiction

DUmmy dembotoz spends a lot of time as a guest of the county.   


 

[Karin]

Are there bumper-stickers involved?

  I snorted. 

The OP is no attorney, and I can't believe he's posing as one.  An attorney who doesn't know the difference between .8 and .08?  Runs to the DUmp to "run his defense by them."  ???   

[Mr Mannn]

 I snorted.  

The OP is no attorney, and I can't believe he's posing as one.  An attorney who doesn't know the difference between .8 and .08?  Runs to the DUmp to "run his defense by them."  ???  

Yeah. Picked up on that lie right away. He's no attorney. There is no client either. The perp is no-hypocrisy himself.

Why do these DUmmies lie all the time? Do other DUmmies buy the constant BS? Its not like everyone can't tell this is his problem.
DU is so full of lying sh**, that it's no wonder even other moonbats don't respect them.

Someone mentioned it before, but drug use debilitates the brain. And drug induced brain damage just seems to be the common factor at the DUmp. Just looking at the CC title, I knew it was a DUmmy who got in trouble even before I opened the thread.

[Celtic Rose]

My understanding of DUI laws is that if the driver is showing signs of impairment they can be given a DUI even if their Blood alcohol content is less than .08. 

I'm guessing that a person with a trash bag full of empties is likely not going to trigger a cops suspicions, but if you have a handful of bottles and try to claim that you are taking them to be recycled, that might raise a couple eyebrows 

[Chris_]

Breath-A-Lyzer

[Paul Heinzman]

  I snorted. 

The OP is no attorney, and I can't believe he's posing as one.  An attorney who doesn't know the difference between .8 and .08?  Runs to the DUmp to "run his defense by them."  ???   

The last part really got me. If I'm meeting with an attorney over a criminal defense matter and he says "Hmmm, that doesn't sound like it should be illegal. Let me consult an internet message board to run your defense by them." I'm outa there.

In Ohio, open container is a separate (and much less serious) crime than DUI. Open container isn't even worth fighting. Just mail the check to the address they circle.

[JohnnyReb]

DUmmie has a dynamite business plan there....buy beer, ride around om $4+ gas and drink up beer. Return bottles and collect the profit. What can go wrong with that idea?

[miskie]

no_hypocrisy  (1000+ posts)      Sun May-08-11 03:42 PM
Response to Reply #8
9. Here's the thing. The cop wanted to get him on ANYTHING.
Made him take a Breath-A-Lyzer. He was a 0.2 and illegal level is 0.8. So couldn't get him on DUI and decided to search (with consent) my client's car.

Not a very good lawyer. Either he misrepresented facts accidentally ( .02 and .08) showing he isn't very good with details, or his client did blow a .2, making him better than twice the legal limit, and the 'moran' didn't notice this.

or,  - he only plays the part of lawyer on the internet, like most DU 'lawyers' do.

[GOBUCKS]

Made him take a Breath-A-Lyzer.

The gadget is a breathalyzer. It isn't written with all those dashes and capitals. Any lawyer would know that, and would be as unlikely to write "Breath-A-Lyzer" as he would be to ask advice from a pack of lunatics and potheads at the DUmp. TwixVoy will be a success in Portugal, and DUmmy grasswire will outsell Sara Lee before this DUmbass is a lawyer.

[Randy]

The gadget is a breathalyzer. It isn't written with all those dashes and capitals. Any lawyer would know that, and would be as unlikely to write "Breath-A-Lyzer" as he would be to ask advice from a pack of lunatics and potheads at the DUmp. TwixVoy will be a success in Portugal, and DUmmy grasswire will outsell Sara Lee before this DUmbass is a lawyer.

Oh, I thought he was throwing out an unspun glimpse of a DUmmie and really meant Breathe-A-Liar

[Boudicca]

DUmmie has a dynamite business plan there....buy beer, ride around om $4+ gas and drink up beer. Return bottles and collect the profit. What can go wrong with that idea?

Yeah, the profits reaped can pay for the tickets collected and gas money outlay.

[Bondai]

 

[Vagabond]

I almost got in trouble for something similar in Arizona once. 

I picked up a pack of Bud and headed out to a woman's house with a little more in mind than she had on hers.  She let me know after I made a few advances that nothing was going to happen.  I was glad I hadn't opened a beer just yet, tossed the six pack back in the truck and took off like a bat outta hell going down the dirt road back to the main road.  Hey, I was twenty one and looking for Miss Right Now, not Miss Three Weeks from now.  (The road from Sierra Vista that stops at the road between Tombstone and Bisbee, it's Fry Blvd in Sierra Vista, not sure about out that far.) 

A deer (wearing a badge, no less) jumped outta the bushes.  I cussed hit my brakes and swerved barely missing the stupid thing, which caused the abused six pack to fly out the front seat, hit the glove box then the floor causing two cans to spew all over the passenger side.  Not thinking too clearly about it, I jammed gears going out onto the highway and was spotted running the stop sign by a cop about two miles away.  He pulled me over, more of an idiot check than anything else, I think.

He smelled the freshly released Budweiser and had me out of the truck and "walking the line".  I think he was going to give me a ticket until I explained my sob story to him.  He let me go with a warning.

Next up was the gate back onto Fort Huachuca.  Which is longer and involves visits with the First Seargent, Captain, and JAG before they decided they really couldn't fault me for exploding cans.

[AprilRazz]

I am sure the 'client' was seeing the primitive for recreational pharmaceuticals rather than law advice. There is also more to this story but being a typical primitive it omits the real story.

[USA4ME]

If you're in NJ and are getting a divorce, make sure the no_hypocrisy primitive is your spouse's attorney.

.